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FBI Megaupload takedown was illegal, argues Kim Dotcom's lawyer

09 Oct 2012
Kim Dotcom Megaupload

Kim Dotcom's defence lawyer, Ira Rothken, has attacked the US and New Zealand authorities, accusing them of causing lasting damage to online innovation.

Rothken attacked the US and New Zealand authorities in an exclusive interview with V3, claiming that the outcome of the Megaupload case will have far-reaching consequences across multiple industries.

"The elephant in the room, right here, is the tension between copyright extremism and the need for copyright safe harbouring," Rothken told V3.

"It [the Megaupload case] demonstrates the tension between the Hollywood copyright militia and the policy issues of copyright balance that are needed for internet innovation.

"Ruling in favour of Hollywood will reduce the availability of cloud storage sites and cause problems for small businesses and individuals who are in the greatest need for competition in the marketplace."

Rothken added that the recent slew of misconduct rulings and allegations against US and New Zealand authorities proved that the two countries know their case against Megaupload is bogus.

"There is no criminal statute for secondary copyright infringement in the US. This is experimental criminal prosecution. And in an effort to beat us and overcome what we believe is a lack of merit on the core claims, the US, with the assistance of New Zealand, has implemented draconian procedures to take down the Megaupload cloud storage site at any cost," said Rothken.

"Now that these procedures are coming under scrutiny they appear to have violated the law at nearly every part of the process. From an illegal search warrant to what we believe is an illegal military style raid, to illegal data sharing with the US, illegal spying and ultimately what we believe is an over-broad takedown of the entire Megaupload enterprise."

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Alastair Stevenson

Alastair has worked as a reporter covering security and mobile issues at V3 since March 2012. Before entering the field of journalism Alastair had worked in numerous industries as both a freelance copy writer and artist.

View Alastair's Google+ profile

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